Court No. - 53
Case :-CRIMINAL MISC. WRIT PETITION No. - 11458 of 2019 Petitioner :- Monu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Mishra,Krishna Kumar Pandey Counsel for Respondent :- G.A.,Ashok Kumar Singh Bais
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri A.K. Mishra and Sri K.K. Pandey, learned counsel for the petitioners, Sri Ashok Kumar Singh Bais, learned counsel for the private respondent, Sri A.N. Mulla learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 6.4.2019 registered as Case Crime No. 108 of 2019, under sections 354A, 323, 504, 506, 452 IPC P.S. Fatehpur, District Saharanpur.
It is submitted by the learned counsel for the petitioners that F.I.R. has been filed belatedly, respondent no.3 is a lady of easy virtue, to extort money from the petitioners, she has falsely implicated with false and frivolous allegation, petitioners have not committed any offence as alleged in the impugned F.I.R., the same be quashed.
Learned A.G.A. submitted that on the above submission, F.I.R. cannot be quashed as cognizable offence is made out.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed. Order Date :- 30.4.2019/Ram Murti